To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.
Your medical record is the most important piece of evidence you can use to support your claim. It shows your original condition, the treatment you received, and your condition after receiving treatment. This is one specific piece of evidence that should be part of every medical malpractice claim.Jan 5, 2017
Read on to learn about six of the most common medical errors that may provide cause for medical malpractice lawsuits. Misdiagnosis or Delayed Diagnosis. ... Medication Errors. ... Anesthesia Errors. ... Surgery Errors. ... Childbirth Injuries. ... Improper Prenatal Care.
There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.Jul 24, 2017
To prove that medical malpractice occurred, you must be able to show all of these things:A Doctor-Patient Relationship Existed. ... The Doctor Was Negligent. ... The Doctor's Negligence Caused the Injury. ... The Injury Led to Specific Damages. ... Failure to Diagnose. ... Improper Treatment. ... Failure to Warn a Patient of Known Risks.More items...
As previously mentioned, the patient's medical records are usually essential evidence in a medical malpractice case. The details in these records often determine whether the lawsuit will be successful.Nov 29, 2016
Therefore, the first step in gathering evidence for your medical malpractice claim is finding an experienced medical malpractice attorney to handle your case....Gathering the three key pieces of evidence in malpractice casesMedical Records. ... Expert Witnesses. ... Medical Journals and Articles.Jul 18, 2016
What Are the Most Common Medical Malpractice Claims?Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.
Medical malpractice events can take many forms including, but not limited to, any of the following:Misdiagnosing a serious health condition,Misreading or ignoring laboratory results,Premature discharge from a hospital,Prescribing improper medication or dosage, or.Failing to account for a patient's health history.Nov 12, 2019
Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.Feb 23, 2018
When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from the accepted medical standard of care resulting in damages. The patient must prove that the negligence caused the damage. Examples of medical negligence are: Failure to diagnose or misdiagnosis.
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
We can define 'Medical negligence' as the improper or unskilled treatment of a patient by a medical practitioner. This includes negligence in taking care from a nurse, physician, surgeon, pharmacist, or any other medical practitioner.Aug 3, 2019
Medical malpractice attorneys normally fall into one of two categories: Lawyers who represent individuals injured by medical malpractice (plaintiff...
How extensive is your knowledge of the medical field? How many medical malpractice cases have you handled? What types of medical malpractice cases...
Working on a contingency fee basis means if you do not receive a favorable verdict or you do not receive compensation, you will not owe your attorn...
When you contact law firms, use the following sets of questions to help you choose the right attorney: Do you work on a "contingency fee" basis? Ho...
Because of the amount of money at stake, expect that the doctor’s liability insurance company will defend the case aggressively.
For something as important as a medical malpractice case, you should talk with several lawyers to find the right one for your claim. Here are some questions you might want to ask each lawyer:
A good medical malpractice lawyer will know what Georgia law requires to win a medical malpractice case. We have to prove all four of these elements to establish medical malpractice against any defendant:
People usually think of doctors as the defendants in medical malpractice lawsuits, but do not realize that other medical professionals and healthcare facilities can also get sued if they harm people through carelessness. Here are some examples of potential defendants in medical malpractice cases:
Sometimes people do not pursue a medical malpractice claim because they do not know which person caused the harm. For example, you developed a serious infection from a surgical sponge accidentally left inside you. You do not know who dropped the sponge into the incision, or who was supposed to count all the surgical supplies.
The right lawyer for your case will evaluate whether you have a valid claim for medical malpractice. Sometimes people experience undesired outcomes from surgery or other medical procedures, and there was no negligence. Every medical procedure has known risks, and nothing works perfectly every time.
At S. Burke Law, we have the experience and the know-how to handle your medical malpractice claim. We will advocate for you, deal directly with the doctor’s liability insurance carrier so that you do not have to, and fight aggressively to get you all the compensation that you deserve.
Not all attorneys have the same level of experience. An attorney can spend years in general legal practice. This means they have handled cases involving everything from real estate to criminal matters. It’s important to hire an attorney who has the necessary experience and specializes in handling medical malpractice cases.
Many people begin by asking those they know about attorneys. Family and friends may not have any direct experience with a medical malpractice attorney, but they probably know someone who has. It’s also possible for a person to do research online and try to discover a good match for their case.
A personal referral is a great way to get in contact with a malpractice lawyer who’s right for your case. If you know someone who went through something similar, ask them who they used. An advantage here is you’re getting firsthand testimony regarding the experience they had with an attorney.
There’s a good chance you’re in a tough financial spot if you’re searching for a malpractice lawyer. You may have medical bills piling up and could even be out of work due to your injuries. You’ll need to ask any prospective lawyers about what the exact cost will be.